Legislative Perspective Research Articles

Gender-based Violence in Ghanaian Parliamentary Discourse: A Corpus-assisted Discourse Analysis

Studying gender-based violence (GBV) in country-specific parliamentary discourses can provide legislative perspectives and global understanding of the experience of GBV and the fight against it. In Ghana, for instance, men are mostly seen as the default perpetrators of GBV, even though research shows that men also suffer from GBV. Thus, using a corpusassisted discourse studies (CADS) approach, this study investigates the discursive construction of GBV in parliamentary debates in Ghana, a leading democracy in West Africa. The study uses parliamentary debates as primary data and legislation on domestic violence and other related instruments as secondary data. Through concordances and collocation, we identify and examine how GBV is constructed in the parliamentary debates and how such GBV constructions relate to the expression of domestic violence in legislation. The study shows that the discourse around GBV centres on three main issues, namely: the forms of GBV, victims and perpetrators of GBV, and the fight against it. The analysis indicates that when MPs talk about GBV, they refer predominantly to violence against women and children, including domestic violence, wife beating, sexual violence, defilement, rape, physical assault, teenage pregnancy, child prostitution, child marriage and violence against women in politics; they are silent on violence against men. The MPs think that collective activism, education, achieving gender parity and a strong legal regime that severely punishes offenders are critical antidotes to GBV.

Kesetaraan Gender Dalam Kompilasi Hukum Islam : Perempuan Sebagai Saksi Perkawinan

Women's testimonies are a discussion that is still debatable in Islamic law studies, including women's testimonies in the field of marriage.. This paper finds in the Islamic Law Compilation or KHI that women do not have room to be witnesses. As stated in article 25 KHI which reads. “those who can be appointed as witnesses in the marriage contract are a muslim man, fair, aqil, baliqh, not impaired in memory and not deaf or deaf”. This paper uses a library research method, then analyzes it through a gender perspective approach (gender analysis) and statuory regulations (statue Approach) and uses theory content as a legal consideration analysis technique. The purpose of this paper is to analyze article 25 Compilation of Islamic Law (KHI) from the perspective of gender equality and legislation. This study found that the Islamic Law Compilation or KHI which is used as a reference for the leader in determining marriage witnesses has weaknesses, in addition to its content which reflects a lot from law No. 1 of 1974 also the basis of the article is almost entirely emphasized from the fiqh syafiiyah books which are then used as references. Whereas in Al-quran and Hadith itself it does not prohibit women from being witnesses of marriage. Likewise, constitutionally, women have the same position before the law. For this reason, there is a need for amendment to article 25 of the Compilation of Islamic Law by providing opportunities for women to be allowed to become saski in marriage.

The Autonomy and Efficiency in Local Governance: A Legislative Appraisal of the Azad Jammu and Kashmir Local Government Act, 1990

Local governments are not similar to independent nation-states in terms of their sovereignty. However, the superior government, by framing relevant enactments, provides power and existence to such subordinate governments. The degree of autonomy maybe determined by the interactions or structure and nature of transactions between the two or three tiers of government from case to case.Local Government Act, 1990 in Azad Jammu and Kashmir (AJK) seems not an ideal piece of legislation yet entrenched from historical antecedents of reforms. Recently, certain provincial legislation promulgated in Pakistan as the regional reflection may inspire some new avenues of development in the legislative perspective. This study analyses the absurdities in the prevailing legal instrument of local government in AJK and suggests that transparency and accountability in governance, political stability, and improved revenue-based adherence to constitutional provisions can anchor the autonomy and sustainability of the local government.

Normative and Theoretical References of Post Penitentiary Probation in the Republic of Moldova

This article discusses the institution of post penitentiary probation from the perspective of penal-executional legislation of the Republic of Moldova and the relevant doctrine. Thus, it is mentioned that probation is considered to be an important stage in the context of the adjustment of national legislations to international standards aiming at setting up an intermediate area within the penalty system, re-evaluating the repressive concept to replace it with a curative model. In the conclusions, it is outlined that in order to solve the issue of resocialisation and full integration of the inmates/convicts in every single case, it is absolutely necessary to have a differential treatment, an individual-based approach by applying the most effective means and methods of work. However, the supervision will only have a minimal effect if not accompanied by the granting of social support. On the other hand, social support without any supervision has no effect either.

The Growth of China’s Non-governmental Space Sector in the Context of Government Support for Public-Private Partnerships: An Assessment of Major Legal Challenges

The effectiveness of public-private partnerships (PPPs) has been emphasized in Chinese policy-making discourse in recent years, and policies have been introduced to promote the adoption of PPPs. A 2016 White Paper on China’s space activities advocated for policies that encourage ‘social forces’ (including non-governmental space entities) to participate in space development. The White Paper proposed amending the government procurement process of space products and services and facilitating cooperation with the private space sector. Furthermore, ‘satellite internet’ was introduced into the scope of space policy as a new type of infrastructure, providing opportunities to establish PPPs in space programs. Nonetheless, the military-dominated nature of space exploration has resulted in a complicated administration and strict supervision of non-governmental entities in order to develop space activities, including launching satellites. In addition, government-owned enterprises, commonly acknowledged as ‘public’ parties of PPPs, are counted among the ‘social forces’ authorized to act as ‘private’ parties in the Chinese PPP market. Therefore, favorable PPP policies are applied to public entities. This impedes the growth of underdeveloped non-governmental space entities, and as such, this is an issue that needs to be addressed. From a national space legislation perspective, clear and supportive rules for non-governmental space activities administration and permissions of operation should be established. Concerning PPP rules, based on fully considering existing laws, measures ought to be taken to improve the procurement measures of space products and services. Moreover, rules concerning the ‘value for money’ evaluation criteria and other details deserve to be created or improved upon to ensure non-governmental participants benefit in PPP programs conducted with public partners.

Legislative Perspectives on Human Trafficking Training for Physicians

ABSTRACT Human trafficking is a public health crisis in the United States, affecting all 50 states, the District of Columbia, and the territories Puerto Rico and Guam. The damaging effects of human trafficking are also felt globally as countries all over the world grapple with how to best identify victims, prosecute traffickers, and prevent future victimization. Physicians are in a unique position as primary decision makers in medical care to identify and support trafficking survivors in receiving appropriate care and connection to resources for medical and social safety. In the United States, there are currently ten states with legislation requiring licensed physicians to receive training on human trafficking with notable lack of standardization among mandates. The aim of this multidisciplinary article is to discuss legislative considerations for the implementation of a human trafficking training program for physicians and medical trainees. Building upon existing literature, this paper supports the responsive sharing and implementation of physician training in light of increasing national awareness of the damaging effects of human trafficking and the shift toward mandated training for physicians.

Interim – Management as a new Form of Employment – opportune in a globalized context

Abstract Non-standard forms of employment have become current practice in most European legal systems, by virtue of their positive effects on labor flexibility – beneficial to both employers and employees. From a company’s perspective and interests, regarding the current context of labour relations, a new approach is needed and highly recommended. In an unpredictable business environment, only those innovative companies which have proved able to identify business opportunities and adjust to change have remained competitive. Therefore, the interim management program – as a new type of employment - brings forth an extensive potential for development. Since Romania is a country where this contractual model is relatively little known, this paper addresses some of the most obvious elements of this atypical contractual arrangement, which most authors deem very appropriate in the context of globalization. Our comparative approach seeks to identify various legislative perspectives on interim management and the conclusions of our research suggest the usefulness of the introduction the interim management model to the national labor market. The comparison of this form of flexible employment and other forms used in Romanian companies has been conducted.

A Review of the Disinheritance Bill from the Legislative Perspective

Recently, the Korean government has proposed a bill for the disinheritance to the Korean Assembly, which provides that the testator can request the disinheritance of the presumptive heir to the family court in the case of the material breach of his/her duty of support or in the case of serious crime against the testator, his/her spouse or lineal relatives. Although it was inspired by the disqualification of legal reserve of inheritance system in the German Civil law, there are two important differences. First, the testator can claim for the disinheritance of the presumptive heir while he/she is still alive; secondly, his/her heirs can claim it after the testator’s death. It looks similar to the disherison system in the Japanese Civil law, but it is the combination of the German system and the disqualification of inheritance by trial system in Franch Civil law in order to implement the Austrian concept, which allows the heir can carry out the intent of the testator on his behalf if the testator fails to die before he makes a will for the disinheritance of the presumptive heir. This paper is written to explain the structure and the details of the bill and to prompt the discussion for the introduction of a best disinheritance system suitable for the unique situation of Korea.

Suggestions on Civil Law Regulation of Personal Information Network Infringement

At this stage, computer technology and network technology are developing rapidly, which provides an efficient and convenient information exchange and communication platform for the majority of Internet users. At the same time, the problem of information security under the network background is more prominent. Network personal information resources cover a wide range, and its importance is self-evident. However, driven by interests, personal information network infringement events have occurred in recent years, which results in great losses to network users, and provides more paths for violations and crimes, triggering strong social repercussions and worrying consequences. In the process of using the Internet, the identity information, coordinate position, bank account number, password and other key information of Internet users may be deliberately intercepted or embezzled by some people, resulting in the risk of users’ interests and even personal danger. The problem of personal information network infringement is prominent, which has also become one of the most worried and most need to be solved by the majority of network users. This paper introduces the legal regulation of personal information network infringement, and explores the civil law regulation scheme of personal information network infringement in the new period, so as to ensure the personal information security of Internet users from the perspective of legislation.

Smart-City Regulation

Consider that 26.3 million people live in Shanghai and 20 million live in Beijing as of 2019. Now consider that these 46.3 million people live within an area of approximately 23,000 km². By comparison, Canada’s population in 2019 was 37.6 million and the area of Canada is approximately 10 million km². China is on the leading edge of smart-city projects because population density gives it little choice. China must take bold steps in terms of both technology and regulation to cope with the demands for social management, which these megacities create. Accordingly, about half of the Smart City Projects globally are in China. 
 Many smart cities pilot projects are underway across China addressing many infrastructures and other organizational concerns. One such organizational concern is coping with the solid waste generated in cities. China produces more than 300 million tons of solid waste per year, and much of it comes from its cities.
 
 This research project explores China's food and beverage delivery online platforms and the waste they cause. In 2019, this industry has developed rapidly, generating economic activity valued at ¥ 653.6 billion that year ($CAD 121 billion). Out of a total population of 1.4 billion, 460 million people are currently consumers of these online platforms. Most of these consumers live in China’s megacities. This consumption is not projected to decrease post-pandemic. The problem is that solid waste from this industry in 2019 weighed approximately 2.7 million tons.
 
 This paper analyzes reasons why the online food take-out industry has caused a plastic waste surge from the perspective of China's environmental legislation, law enforcement efficiency, and recycling subsidies. At the same time, through the case study of the German Packaging Law, this paper suggested on the management and recycling of Chinese take-out packaging were put forward.
 
 The Chinese government has issued national standards for the design and construction of smart cities. This paper explores how to use legal governance and supervision in smart city design and operation to assist in implementing environmental regulations to control the take-out waste. The take-out waste problem does not only exist in China. Almost all major cities in the world are facing this problem. China's experiences may provide a new path for the city's solid waste disposal and other environmental issues and lead the cities to explore more environmental protection possibilities.

Az emberi méltóság és a személyiségi jogok összefüggései (alkotmányi és polgári jogi szabályozásuk kritikai értelmezése)

The issue indicated in the title of the study is essentially a complex of legal problems, which raise several questions about the concepts used, such as: What is human dignity? What rights can be derived from it? Can we talk about the right to human dignity? What is personhood? What are the personality rights? How is human dignity related to the personality rights? The study examines the problem from the perspective of Romanian legislation and Constitutional Court practice.

An Exploratory Study of the Policies and Legislative Perspectives on the End-of-Life of Lithium-Ion Batteries from the Perspective of Producer Obligation

European self-sufficiency in the battery sector is one of the major EU needs. The key lithium-ion batteries (LIBs) materials demand is expected to increase in the next decade as a consequence of the increment in the LIBs production and a massive amount of spent LIBs will flood global markets. Hence, these waste streams would be a potential source of secondary raw materials to be valorized, under the principle of circular economy. European governments first, and then companies in the battery sector second, are addressing many efforts in improving legislation on batteries and accumulators. This study explores the current legislative aspects, the main perspective from the producer’s point of view, and the possibility to guarantee a proper recycle of spent LIBs. A monitoring proposal by means of a survey has been carried out and the Italian context, which has been taken as an example of the European context, and it was used to evaluate the practical implication of the current legislation. The main result of the survey is that a specific identification as well as regulations for LIBs are needed. The benefit from a cradle-to-cradle circular economy is still far from the actual situation but several industrial examples and ongoing European projects show the importance and feasibility of the reuse (e.g., second life) and recycle of LIBs.

Application of the civil law institution of pre-contractual liability to labor relations

The subject of this research is the legal relation that arise between the employee and the employer prior to signing employment agreement. Such relation, which suggest interviews, negotiation costs, etc., are not regulated by the Russian legislation. However, the number cases when the party suffers losses due to unfair conduct of negotiation by the other party increases. If the relations before conclusion of employment agreement are viewed from the perspective of labor legislation, there is no mechanism of compensation for damage. The article analyzes the need for inclusion of negotiations to the sphere of regulation of civil legislation and feasibility of application of the norms on pre-contractual liability in case of detection of bad faith. The author explores the foreign practice of implementation of the institution of pre-contractual liability in the sphere of employment. The novelty consists proving the expediency of application of civil law instruments to the relations under consideration. The article describes the procedural peculiarities of application of pre-contractual liability to the relations preceding labor relations. The following conclusions are made: relations that arise prior to signing employment agreement are referred to as civil relations, and do not intersect with employment relations; the job offer represents a formal offer within the framework of the Civil Code of the Russian Federation.

Kedudukan Dan Materi Muatan Peraturan Menteri Dalam Perspektif Sistem Presidensial

The obesity of regulations at the central and regional levels lead to problems in structuring legislation. The various ministerial regulations make it difficult for local governments to follow up. The problems studied in this research are first, what is the position and content of ministerial regulations in the perspective of legislation and the presidential system in Indonesia? Second, how to avoid obesity in the formation of ministerial regulations in the administration of government? The two problems will be analyzed in descriptive-qualitative manner, using statutory and conceptual approaches. The results of this study conclude that first, ministerial regulations are essentially not included in the hierarchy of laws and regulations, yet they can be issued by the minister as long as there is an authority or order from a higher law to regulate it and only applies internally for the benefit of the present institution. However, the ministers in the presidential system are not responsible to the parliament but to the president, hence the right person to stipulate the laws and regulations should be the president; second, to avoid the occurrence of obesity in the formation of ministerial regulations, the president only needs to form a Government Regulation or Presidential Regulation, and does not need to delegate it to the minister to form implementing regulations.

A Study on Constitutional Complaint against the Article 10-5, subparagraph 1 of the Commercial Building Lease Protection Act

헌법재판소는, 헌재 2020. 7. 16. 2018헌바242, 508(병합)결정(이하 ‘대상결정’이라 한다)을 통하여 임대차 목적물인 상가건물이 유통산업발전법 제2조에 따른 대규모점포의 일부인 경우 임차인의 권리금 회수기회 보호 등에 관한 구 ‘상가건물 임대차보호법(이하 ’ 상가임대차법‘이라 한다)’ 제10조의4를 적용하지 않도록 하는 상가임대차법 제10조의5 제1호 중 대규모 점포에 관한 부분(이하 ‘심판대상조항’이라 한다)이 대규모점포 상가임차인들의 재산권을 침해하지 않는다고 결정하였다. 권리금에 대한 사회적 문제로 인하여 상가임대차법에 권리금에 관한 규정이 신설되었으나, 그 형평을 판단함에는 임대인과 임차인뿐만 아니라 신규임차인의 사정도 고려되어야 할 것이다. 이것은 임차인이 사회적 약자라는 접근방식이 아닌 권리금에 있어서 임대인, 임차인, 신규임차인이 되려는 자 사이의 이해조정의 관점에서 바라볼 필요가 있다. 권리금 관련 규정이 입법되었음에도, 그 내용 적용에 있어서는 실제 기존 임차인의 이익을 추구하는 면이 크다는 점을 생각한다면, 임차인의 권리금 회수기회 보호의 적용 범위에 예외를 인정하는 대상결정의 내용이 상당 부분 설득력이 있다. 그러나 임대차 목적물이 대규모점포에 속한다는 사정이 임차인의 권리금 회수기회 보호를 전면적으로 제한할 만큼의 요소가 될 수 있는지에 관하여는 비판적 검토가 계속되어야 할 것이다. 입법론적으로 대규모점포의 특성을 고려하여 권리금 회수기회를 방해하는 사유를 수정하거나 그 보호의무의 예외사유를 추가하는 방법으로 보다 덜 제한적인 조치를 선택할 것을 제안해 본다.The constitutional court ruled that the part relating to large-scale stores of the Article 10-5, subparagraph 1 of the former Commercial Building Lease Protection Act(hereinafter referred as ‘the clause subject to decision’) does not infringe the property right of lessee in large-scale stores through the Constitutional Court Decision 2018Hun-Ba242, 508(consolidated) Decided July 16, 2020(hereinafter referred as ‘the decision’) The constitutional court explained the reasons for the decision as follows. The clause subject to decision sets the scope of protection for the opportunity to recoup the Store Premium. In the case of large-scale stores, the lessor forms, maintains, and manages the commercial district with enormous cost and effort, and the lessee has an aspect of doing business using the reputation or customers formed as a result. Therefore, it is necessary to harmonize with the status of the lessor in consideration of these characteristics when applying the provisions for protecting the opportunity to recoup the Store Premium in a large-scale store. The decision of the constitutional court can be partially accepted in its conclusion, but there is a question whether the reason for this is insufficient to reflect the characteristics of the Premium, especially the Store Premium. Therefore, it is necessary to continue a critical review as to whether the fact that the rental object belongs to a large-scale store can be a factor enough to limit the protection of the lessee s right to recoup the Store Premium. Considering the characteristics of large-scale stores from a legislative perspective, it is suggested that a less restrictive measure be selected by modifying the reasons that impede the opportunity to recoup the Store Premium or adding an exception to the duty of lessor to protect the opportunity of recoup the store premium.

Smartphone in Classroom: Yes or No?

From the 1990s onwards, several international agreements were signed with the objective of universalizing education. Such action was strengthened at the World Education Forum in Dakar, Senegal in 2000, where 164 countries, including Brazil, signed a commitment to provide Education for all - EPT. To make this possible, it was established as one of the commitments to raise new information and communication technologies to support the effort to reach the EPT goals. Since then, numerous actions have been developed for the insertion of Information and Communication Technologies - ICT's in Education. However, this is not only a reality in Education, as nowadays we are immersed in new technologies, making us have new ways of interacting, communicating and learning. In this context, there has also been an expansion of cell phone use by the population for various purposes. Thus, bringing this instrument as an ally in the teaching-learning process becomes of great value. Thus, a literature review research was carried out, observing the use of cell phones from two perspectives: in general use by the Brazilian population and from the perspective of legislation, in order to contextualize the use of cell phones as an educational resource in contemporary times. At the end, as a result of this article, three studies are presented that demonstrate the use of cell phone applications in the school environment and finally expose four applications for the use of cell phones as an educational resource for continuing education and in the teaching-learning process.

DESIGN CONSIDERATION OF CONTAINER SHELTER IN MALAYSIA

Freight container can become a potential candidate for shelter provision to resolve the housing crisis from increasing refugee population. Currently the freight container is made in accordance with ISO standard, but for living purpose other consideration must be included, especially the requirement from local government. This paper aims to investigate the design consideration of container shelter from legislative perspective in Malaysia. Uniform Building By-Law 1984 was referred, and ventilation, structural and fire requirement of by-law were compared with ISO standard for freight container. Suggestions were made to ensure the structural and legal integrity of container shelter in Malaysia. Potential container building concept was proposed based on design suggestion.

KEPASTIAN HUKUM PENYALURAN DAN KETERSEDIAAN BBM BERSUBSIDI UNTUK NELAYAN DI KECAMATAN SOROPIA, KABUPATEN KONAWE, SULAWESI TENGGARA

Subsidized fuel oil (BBM) is the right of the poor in this country, including the small ones, BBM has an important role in increasing the productivity of fisheries, especially capture fisheries. The cost of using fuel in fisheries is up to 80% of the operational costs at sea. This is what makes BBM a strategic means of production for fishermen. The provision of adequate fuel, both in terms of quantity and price, is needed so that fishermen can use fuel according to their operational needs, this is the case with fishermen in Soropia District. The government's efforts to fulfill fishermen's rights through the policy of providing fuel subsidies have not worked as expected, the problem is that the small fishermen in Soropia sub-district, who are the targets of this fuel subsidy policy, do not enjoy it at all, the main thing is that the distribution patterns the government has taken so far are less effective, there are still many gaps that can be exploited by individuals to get benefits for themselves.This study aims to find the source of the problem of the obstruction of the distribution of subsidized fuel to small fishermen in Soropia Subdistrict, Konawe Regency and try to propose an operational pattern of distribution of subsidized fuel that is efficient, of course in accordance with legal provisions so that according to the title of this article is to provide protection of rights and legal certainty to Fishermen in Soropia District. The legal materials used consist of three types, the primary legal materials consist of all respondents (fishermen, the community and parties involved in the subsidized fuel oil distribution) regarding the distribution and use of subsidized fuel in Soropia sub-district, and combined with the perspective of legislation . whereas Legal Materials textbooks because textbooks contain basic principles of law science and classical views of highly qualified scholars. And Suber is an indication and explanation of primary and secondary legal materials. Collecting techniques through document studies or library materials and field studies, document studies are this activity aimed at obtaining data through tracing notes, writings or documents that have been made by other people related to the issues being discussed. Field studies are field observations with competent parties in order to obtain data information about the subject and object under study. The data used is to analyze the data obtained in accordance with the symptoms and objects that occur in the field and then summarize, select the main things, look for themes and patterns. The method of analysis of legal materials used is descriptive method. with this descriptive method, actual detailed information can be obtained.Based on the results of the research that the ineffective distribution and availability of subsidized fuel for fishermen in Soropia Subdistrict, Konawe Regency, Southeast Sulawesi, occurred due to several things, starting from Soropia Subdistrict, Konawe Regency, Southeast Sulawesi, the absence of Fishermen Solar Pack Dealer (SPDN), The sub-district fisherman card management for fishermen in the Soropia sub-district is that this problem is not taken care of in the Soropia sub-district itself, but has to take care of the main Konawe district, namely the Unaaha district and about how from a legal standpoint whether this fuel subsidy actually reaches fishermen, this is There is a game between the owners of Solar Pack Dealer Fishermen (SPDN) or brokers or subsidized fuel retailers, then the question is how to legally protect the rights of fishermen, especially the rights of fishermen in Soropia sub-district to distribute subsidized fuel

Engagement with rights in the making of counterterrorism legislation—Perspectives from three case studies: An introduction

Abstract Recent years have seen an emerging consensus on the important role non-judicial actors can play in protecting rights, and the potential benefits of integrating the compliance with constitutional standards into the legislative process. However, the study of actual practices of pre-enactment rights scrutiny has highlighted the need for deeper analysis of the factors that ultimately determine the extent to which rights considerations are effectively taken into account in policy design. The three case studies in this symposium contribute to the growing empirical literature on non-judicial constitutional review. Each article follows a particular counterterrorism legislation process and analyzes the ways in which consideration of rights effected or failed to effect policy design. These nuanced and empirically grounded perspectives on what rights review in the policymaking process actually entails help point out mechanisms that positively affect the ability to create proportionate policy, while documenting barriers at both the individual and organizational levels that can prevent rights from being afforded their optimal weight in the process. This introduction presents the main comparative insights arising from the three case studies in the symposium. The first point relates to the identity of and dynamic between the actors who engage with rights in the process, particularly the interaction between political and bureaucratic actors and its effect on the nature of the rights discourse and its impact. The second point characterizes three types of stages in the policy process—stages of deliberation, evaluation, and justification—and demonstrates how the nature of engagement with rights differs at each stage in terms of substance, scope, and influence. The third and final point relates to the ramifications of the layered nature of policymaking for the possibility of truly engaging with considerations of rights.

Child Care and Protection in Perspective of Legislation, Human Rights and Islamic Law

The empirical reality regarding the issue of care and protection for children is still a global concern. It is necessary to find rules regarding the protection and care of children. Comparing several rules in legislation, human rights and Islamic law in strengthening the position of children as human beings who must receive care and protection. This research is a literature review with a normative juridical approach. Examining various literatures by focusing on aspects of laws and regulations related to care, child protection, human rights and Islamic law. The techniques of analysis used were descriptive and comparative. The findings of this study indicate that child care and protection falls into the category of fulfilling human rights. Child protection is in line with the universal principles of human rights and has a legal umbrella and the power to obtain care and protection. However, the existing regulations have not been maximally implemented. In Islamic law, children have a very high guarantee of protection, this is included in the category of caring for children as the goal of sharia (maqashid syari'ah). The implication of this finding is that the protection of children's rights cannot be negotiated, because the state and religion have provided protection, so what must be enforced is the supervision of the fulfillment of children's rights.